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NBB/RFA: Oil refineries, biofuels groups lose in court

The National Biodiesel Board says they’re disappointed biofuels groups lost the case against the EPA on its retroactive small refinery exemptions (Growth Energy vs EPA). The DC appeals court rejected arguments from both biofuels groups and oil refiners.

The lawsuit challenged EPA’s failure to account for its retroactive small refinery exemptions that the biofuels groups say undercut the annual volumes by 7% in 2019.

The decision published Friday discards four arguments from oil refiners who sought a severe economic harm waiver, an inadequate domestic supply waiver, point of obligation and exported renewable fuel.

In a statement, Renewable Fuel Association President and CEO Geoff Cooper says his group is pleased that the court rejected refiners arguments saying the court made a “strong repudiation of the false narrative refiners” are using against the RFS.

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